207.193 - Coercion: Hearing to determine whether sexually motivated. - Nevada Statutes

207.193  Coercion: Hearing to determine whether sexually motivated.

      1.  Except as otherwise provided in subsection 4, if a person is convicted of coercion or attempted coercion in violation of paragraph (a) of subsection 2 of NRS 207.190, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, not less than 72 hours before the commencement of the trial, files and serves upon the defendant a written notice of the intention to request such a hearing.

      2.  A hearing requested pursuant to subsection 1 must be conducted before:

      (a) The court imposes its sentence; or

      (b) A separate penalty hearing is conducted.

      3.  At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.

      4.  A person may stipulate that his or her offense was sexually motivated before a hearing held pursuant to subsection 1 or as part of an agreement to plead nolo contendere, guilty or guilty but mentally ill.

      5.  The court shall enter in the record:

      (a) Its finding from a hearing held pursuant to subsection 1; or

      (b) A stipulation made pursuant to subsection 4.

      6.  For the purposes of this section, an offense is “sexually motivated” if one of the purposes for which the person committed the offense was his or her sexual gratification.

      (Added to NRS by 1997, 1681; A 1997, 2510; 2003, 1484; 2007, 1441)